There are numerous rules limiting what people can do with prescription medication. Even those who have very little knowledge about the law typically recognize that they cannot sell their medication to others. People know that others might consume certain medications for recreational purposes and do not want to contribute to that misconduct.
Most responsible adults would never consider selling their medications to someone who might abuse them or giving them to someone who uses drugs recreationally. However, a significant portion of the inappropriate prescription medication sharing that occurs does not involve recreational drug use. Instead, it involves people using another person’s medication to treat a diagnosed medical issue.
All prescription sharing is illegal
Neighbors, coworkers, friends and family members might talk about medical issues with one another. People may realize that they use the same medications. That information might eventually lead to concerning mistakes.
If an individual prescribed a medication does not need to use all of it, they might offer what they have left over to someone who they know requires the same drug. Particularly in scenarios where one person may lack insurance coverage, another patient might feel like giving away their leftover medication or even sharing medication that they currently use is a kind and compassionate act.
Unfortunately, both parties open themselves up to legal vulnerability in such scenarios. It is illegal to transfer medication to another person. It is also illegal to use medication obtained from an unlicensed source. Both parties involved in a medication-sharing arrangement could be at risk of prosecution.
The party providing the medication is particularly vulnerable. If the other person accidentally overdoses, causes a car crash or commits a crime while using their medication, they are at real risk of facing criminal charges. Especially in scenarios involving medications that people regularly abuse, including pain relievers and prescription stimulants, the choice to share medication with another person could have unexpected and potentially life-altering consequences.
While a misunderstanding of the law is not a viable defense strategy, those accused of committing prescription-related drug crimes may have other defense strategies that they can utilize. Reviewing the charges brought by state prosecutors and the evidence they have gathered with a skilled legal team can help defendants explore their options for fighting their pending drug charges.
